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Chapter 27 - Offenses

CHAPTER 27

 

OFFENSES

ARTICLE I – DEFINITIONS

 

 

            27-1-1          MEANINGS OF WORDS AND PHRASES.  For the purpose of this Chapter the words and phrases of the Illinois Compiled Statutes, Chapter 720, Sections 2-1 through 2-11; 2-13 through 2-16; 2-19 and 2-20, as approved, adopted and amended are hereby adopted by the Village, as fully as if set out herein. (65 ILCS 5/1-3-2)

 

 

            27-1-2          CRIMINAL CODE ADOPTED.  The Illinois Criminal Code, Illinois Compiled Statutes, Chapter 720, as passed, approved and amended by the Illinois General Assembly is hereby adopted by the Village; the provisions thereof shall be controlling within the corporate limits of the Village; provided, however, the penalties as provided by this Code shall apply.  (65 ILCS 5/1-3-2 and 5/11-1-1)

 

 

 

 

 

 

ARTICLE II - GENERALLY

 

 

            27-2-1          DISTURBING POLICE OFFICER. No person shall, by violent conduct, disturb any police officer in the discharge of his duties; nor shall any person assault, strike, or fight with any police officers in the discharge of his/her duties or permit such conduct in or upon any house or premises in the Village owned or possessed by him/her or under his/her management and control.  Abusive or vulgar language in the presence of an officer does not constitute a crime unless the language is directed at the officer and provokes a breach of the peace.  (65 ILCS 5/11-1-1)

 

 

            27-2-2          IMPERSONATION OF OFFICER.  No person in the Village shall falsely represent himself to be an officer of the Village or shall, without being duly authorized by the Village, exercise or attempt to exercise any of the duties, functions or powers of the Village officer, or hinder, obstruct, resist or otherwise interfere with any Village officer in the discharge of the duties of his office.  (65 ILCS 5/32-5.1)

 

 

            27-2-3          DISTURBING LAWFUL ASSEMBLIES. It shall be unlawful for any person to willfully interrupt or disturb any funeral assembly, funeral procession, school, any assembly met for the worship of God or any other assembly met for a lawful purpose by any offensive behavior, or by any disorderly conduct.  (65 ILCS 5/11-5-2)

 

 

            27-2-4                      UNLAWFUL ASSEMBLY.  It shall be illegal for persons to assemble unlawfully in the following situations:

            (A)                   The use of force or violence disturbing the public peace by two (2) or more persons acting together and without authority of law; or

            (B)                   The assembly of two (2) or more persons to do an unlawful act; or

 

            (C)                   The assembly of two (2) or more persons, without authority of law, for the purpose of doing violence to the person or property of any one supposed to have been guilty of a violation of the law, or for the purpose of exercising correctional powers or regulative powers over any person by violence.  (720 ILCS 5/25-1)  (65 ILCS 5/11-5-2)

 

 

            27-2-5          DISTURBING THE PEACE.  No person shall disturb the peace of any individual or private family, or of any lawful congregation within the Village by any noise or amusement, or by vulgar or profane language, or by any disorderly or unreasonable conduct.  (65 ILCS 5/11-5-2)

 

 

            27-2-6                      ADMISSION FEES:  FRAUDULENTLY AVOIDING PAYMENT OF.  It shall be unlawful for any person to fraudulently enter, without payment of the proper admission fee, any theater, ballroom, lecture, concert or other place where admission fees are charged; provided, however, that nothing herein contained shall be deemed to prohibit or restrict the free admission of police officers engaged in the performance of police duties to any place of public entertainment or amusement.

 

 

            27-2-7          SALE OF CIGARETTES OR TOBACCO TO MINORS.  No minor under eighteen (18) years of age shall buy any cigar, cigarette, smokeless tobacco or tobacco inany of its forms.  No person shall sell, buy for, distribute samples of or furnish any cigar, cigarette, smokeless tobacco or tobacco in any of its forms, to any minor under eighteen (18) years of age.

            For the purpose of this Section, “smokeless tobacco” is defined in Section 27-2-9(A).

            (A)                   Tobacco products listed above may be sold through a vending machine only in the following locations:

(1)       Factories, businesses, office, private clubs, and other places not open to the general public.

(2)       Places to which minors under eighteen (18) years of age are not permitted access.

(3)       Places where alcoholic beverages are sold and consumed on the premises.

(4)       Places where the vending machine is under the direct supervision of the owner of the establishment or an employee over eighteen (18) years of age.  The sale of tobacco products from a vending machine under direct supervision of the owner or an employee of the establishment is considered a sale of tobacco products by that person.  As used in this Section, “direct supervision” means that the owner or employee has an unimpeded line of sight to the vending machine.

(5)       Places where the vending machine can only be operated by the owner or an employee over age eighteen (18) either directly or through a remote control device if the device is inaccessible to all customers.

(720 ILCS 675/1)

 

 

            27-2-8                      SMOKELESS TOBACCO.

            (A)                   Definition.  For the purposes of this Section, the term “smokeless tobacco” means any finely cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral cavity.

            (B)                   Sales of Smokeless Tobacco Products to Persons Under Eighteen (18).  No person shall sell any smokeless tobacco product to any person under the age of eighteen (18).

            (C)                   Distribution.  No person shall distribute or cause to be distributed to any person under the age of eighteen (18), without charge or at a nominal cost, any smokeless tobacco product.  (720 ILCS 680-1 et seq.)

 

            27-2-9                      UNLAWFUL CONDUCT ON A PUBLIC WAY.

            (A)                   It shall be unlawful for a pedestrian to stand upon any sidewalk or public way, except as near as reasonably possible to the building line or curb line if such standing interferes with the use of said sidewalk by other pedestrians.

            (B)                   It shall be unlawful to impede or interfere with another person's use of a public way.

 

 

            27-2-10       AID IN ESCAPE.  It shall be unlawful to rescue or attempt to rescue or shall abet or encourage the rescue or escape of any person from the custody of any officer or other person legally having him in charge, or shall molest or interfere with any officer or other person so legally having him in charge, or shall, in any manner, aid, abet or encourage the rescue or the attempt to escape from any person legally committed thereto, or shall supply or attempt to supply any such person with any weapon or with any implement or means whereby an escape might be affected, or with any intoxicating liquors, drugs or other article(s) without the consent of the officer in charge.  (720 ILCS 5/31-7)

 

 

            27-2-11       ESCAPES.  It shall be unlawful for any person convicted of any offense or in lawful custody to escape or attempt to escape from custody.  (720 ILCS 5/31-6(C))

 

 

            27-2-12       FALSE PRETENSES.  It shall be unlawful for any person to obtain any food, drink, goods, wares, or merchandise under false pretenses, or to enter public places and call for refreshments or other articles and receive and refuse to pay for same, or to depart without paying for or satisfying the person from whom he received the food, goods, wares, and/or merchandise.

 

 

            27-2-13       RENTING PREMISES FOR UNLAWFUL PURPOSES.  It shall be unlawful for any person to rent, use, or allow to be used, any building or property owned by him, for any purpose whereby riotous or disorderly persons are gathered.

 

 

            27-2-14       AID TO AN OFFENSE. It shall be unlawful for any person, in any way or manner, to aid, abet, counsel, advise or encourage any other person in the commission of any of the acts mentioned herein or in any manner encourage the commission of such offense hereby defined.

 

 

            27-2-15       POSTING BILLS. It shall be unlawful for any person to paste, post, paint, print or nail any handbill, sign, poster, advertisement, or notice of any kind on any curbstone, flagstone, or any other portion or part of any sidewalk, or upon any tree, lamppost, utility pole, hydrant, or upon any private wall, door, or gate without the consent, in writing, of the owner of the wall, door or gate; provided, however, that this Section shall not prevent posting by proper Village and County officials of election signs, polling place signs and other signs or placards necessary under the law to the conduct of elections, except they may not be attached to a tree.

 

 

            27-2-16       INTOXICATION IN PUBLIC.  No person shall, in the Village, be found in a state of intoxication or drunk in any street or other public place, or shall be found drunk lying or roving about the streets, alleys, or sidewalks of this Village or the private grounds of any of the inhabitants thereof, or being drunk as aforesaid, shall disturb the peace, order and quiet of the Village, or the peace and quiet of the citizens thereof by loud and unusual noises, disorderly conduct, indecent language or behavior or in any other manner.  (65 ILCS 5/11-5-3)

 

            27-2-17       BEGGING.  No person shall beg or solicit alms within the Village without having obtained permission in writing from the Mayor.  (65 ILCS 5/11-5-4)

 

 

            27-2-18       CONCEALED WEAPONS.  No person shall, within the Village, carry or wear under his clothes, or concealed about his person, any pistol or hand gun, without being the holder of an Illinois Concealed Carry License.  Additionally, no person, shall within the Village, carry or wear under his clothes or conceal about his person any sling-shot, cross knuckles, knuckles of lead, brass or other metal, switchblade knife or razor, bowie knife, dirk knife or dirk, dagger or any other dangerous or deadly weapon.  This Section does not apply to the officers or members of the Police Department, nor to any Sheriff or Deputy Sheriff or Constable of this State, nor to any United States Marshal.

 

 

            27-2-19       DISCHARGE OF FIREARMS OR BOW AND ARROW.  It shall be unlawful to discharge any firearm, bow and arrow or air gun in the Village or so that the bullet, arrow, missile or projectile therefrom enters the Village without written permission from the Mayor, provided that this Section shall not be construed to prohibit any officer of the law to discharge a firearm in the performance of his duty; nor to prevent any citizen from discharging a firearm when lawfully defending his person or property; nor to prevent the discharge of bow and arrow by students upon school grounds while under the direct and immediate supervision of teachers or other school supervisory personnel.

 

 

            27-2-20       GAMES IN STREET.  No person shall, upon any Village street, fly any kite or play any game of ball or engage in any amusement or practice having a tendency to injure or annoy any person passing in the streets or on the sidewalks.

 

 

            27-2-21       STORAGE OF EXPLOSIVES.

            (A)                   Nitroglycerine; Dynamite, Etc. No person shall have, keep, possess, or store at or in any place within the Village, any nitroglycerine, dynamite or giant powder, or any form or combination of any of them.

            (B)                   Blasting Powder, Etc.  No person shall keep, possess or store any gun or blasting powder or any gun or explosive cotton at or in any one place in the Village in any quantity exceeding five (5) pounds.  (65 ILCS 5/11-8-4)

 

 

            27-2-22       THROWING ROCKS.  No person in the Village shall throw or cast any rock or stone or any other missile upon or at any building, tree, or other public or private property, or at any person in any street, avenue, alley or public place.

 

 

            27-2-23       DESTRUCTION OF PUBLIC PROPERTY.  No person in the Village shall deface, destroy, or in any way, injure any public property, or any other apparatus of the Village.

 

 

            27-2-24       FORTUNE TELLING.  No person in the Village shall pursue the calling of a fortune teller or practice fortune telling, soothsaying, or the like and receive payment in any manner therefor.

 

 

            27-2-25       ABANDONED REFRIGERATORS OR ICEBOXES.  It shall be unlawful for any person to abandon or discard in any place accessible to children any refrigerator, icebox or ice chest, of a capacity of one and one-half (1 1/2) cubic feet or more, which has an attached lid or door which may
be opened or fastened shut by means of an attached latch.  The owner, lessee, or manager of such place, who knowingly permits such abandoned or discarded refrigerator, icebox or ice chest to remain there in such condition, shall be guilty of violating this Code.  (720 ILCS 505/1)

 

 

            27-2-26       HALLOWEEN CURFEW.  It shall be illegal for any person to engage in Halloween practice, commonly called “Trick or Treat”, by calling at the homes or dwelling places within the Village, either masked or unmasked, except on the date(s) and times which shall be determined annually by the Village Board.

 

 

            27-2-27       THEFT OF RECYCLABLES UNLAWFUL.  It shall be unlawful for any person to collect, obtain, possess or pickup any recyclable item(s) from any receptacle or collection point where service is provided by an authorized waste hauler licensed by the municipality or from any specified recycling center within the Village limits unless said person is acting as an agent for the Village or acting as an agent for a waste hauler licensed by the Village.

 

 

            27-2-28       THROWING OBJECTS FROM MOTOR VEHICLES.  Pursuant to the police powers in 65 ILCS 5/11-1-1 it shall be unlawful for any person occupying or driving a motor vehicle, whether moving or not, to shoot, throw, cast, launch or drop any object, liquid or substance at any person, animal or structure, wherein the possibility of harm, injury or damage may occur as a result of these actions.

            The driver and/or all passengers shall be, upon conviction, fined in accordance with the provisions of the Village Code and shall be liable for all damage, injury or harm caused by the activity.  (See Section 27-3-2)

 

 

            27-2-29       DEPOSITING OF SNOW AND ICE RESTRICTED.  No person shall deposit or cause to be deposited any snow and ice on or against a fire hydrant or on any sidewalk, roadway, or loading or unloading areas of a public transportation system, except that snow and ice may be windrowed on curbs incident to the cleaning of sidewalks in business districts.  (65 ILCS 5/11-80-13)

 

 

            27-2-30       PROTECTIVE COVERING OR FENCING.  Any person, corporation or partnership which either owns, or maintains, or uses, or abandons any open well, cesspool, cistern, quarry, recharging basin, catch basin, sump, excavation for the erection of any building structure or excavation created by the razing or removal of any building structure without covering or surrounding such installation with protective fencing is guilty of a violation of Section 1-1-20 of this Code.  The provisions of this Act shall not apply during the course of repair, construction, removal or filling of any of the structures or conditions herein described while any worker is present at the location thereof either performing services thereon or as a watchman to guard such location.  (720 ILCS 605/1)

 

 

            27-2-31       CURFEW HOURS FOR MINORS.

            (A)                   Definitions.  Whenever used in this Section.

(1)       “Curfew hours” means:

(a)       11:00 P.M. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 A.M. of the following day; and

(b)       12:01 A.M. until 6:00 A.M. on Saturday; and

(c)        12:01 A.M. until 6:00 A.M. on Sunday.

(2)       “Emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action.  The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or
any situation requiring immediate action to prevent serious bodily injury or loss of life.

(3)       “Establishment” means any privately-owned place of business operated for a profit to which the public is invited, including but not limited to, any place of amusement or entertainment.

(4)       “Guardian” means:

(a)       A person who, under court order, is the guardian of the person of a minor; or

(b)       A public or private agency with whom a minor has been placed by a court.

(5)       “Minor” means any person under eighteen (18) years of age.

(6)       “Operator” means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment.  The term includes the members or partners of an association or partnership and the officers of a corporation.

(7)       “Parent” means a person who is:

(a)       A natural parent, adoptive parent, or stepparent of another person; or

(b)       At least twenty-one (21) years of age and authorized by a parent or guardian to have the care and custody of a minor.

(8)       “Public Place” means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

(9)       “Remain” means to:

(a)       linger or stay; or

(b)       fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.

(10)      “Serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

            (B)                   Offenses.

(1)       A minor commits an offense if he remains in any public place or on the premises of any establishment within the Village during curfew hours.

(2)       A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the Village during curfew hours.

(3)       The owner, operator or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours.

            (C)                   Defenses.

(1)       It is a defense to prosecution under subsection (B) that the minor was:

(a)       Accompanied by the minor’s parent or guardian;

(b)       On an errand at the direction of the minor’s parent or guardian, without any detour or stop;

(c)        In a motor vehicle involved in interstate travel;

(d)       Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

(e)       Involved in an emergency;

 

(f)        On the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor’s presence;

(g)       Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the Village, a civil organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the Village, a civic organization or another similar entity that takes responsibility for the minor;

(h)       Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or

(i)        Married or had been married or is an emancipated minor under the Emancipation or Mature Minors Act, as amended.

(2)       It is a defense to prosecution under subsection (B)(3) that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.

            (D)                   Enforcement.  Before taking any enforcement action under this Section, a police officer shall ask the apparent offender’s age and reason for being in the public place.  The officer shall not issue a citation or make an arrest under this Section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in subsection (C) is present.  (65 ILCS 5/11-1-5 and 720 ILCS 555/1)

 

 

            27-2-32       SANCTITY OF FUNERAL AND MEMORIAL SERVICES.  It shall be unlawful for a person to violate any of the following provisions of this Section:

            (A)                   Engaging in any loud protest of signing, chanting, whistling or yelling with, or without, noise amplification including but not limited to bullhorns, auto horns and microphones within three hundred (300) feet of any entrance of a facility being used for a funeral or memorial service at any time during the period starting thirty (30) minutes before any funeral or memorial service is scheduled to begin and ending thirty (30) minutes after the funeral or memorial service terminates; or

            (B)                   Displaying any visual images that convey fighting words, actual or veiled threats against any other person within three hundred (300) feet of any entrance of a facility being used for a funeral or memorial service at any time during the period starting thirty (30) minutes before any funeral or memorial service is scheduled to begin and ending thirty (30) minutes after the funeral or memorial service terminates; or

            (C)                   Blocking access to any facility being used for a funeral or memorial service at any time during the period starting thirty (30) minutes before any funeral or memorial service is scheduled to begin and ending thirty (30) minutes after the funeral or memorial service terminates; or

            (D)                   Ending in a directed protest march or picket at any public location within three hundred (300) feet of any entrance of a facility being used for a funeral or memorial service at any time during the period starting thirty (30) minutes before any funeral or memorial service is scheduled to begin and ending thirty (30) minutes after the funeral or memorial service terminates.

 

 

            27-2-33       USE OF UPHOLSTERED FURNITURE IN OUTDOOR LOCATIONS PROHIBITED.

            (A)                   Upholstered or other furniture designed or manufactured primarily for indoor use shall not be used or allowed to remain:

 

(1)       on unenclosed exterior porches or balconies;

(2)       in an open area on private property exposed to outdoor weather conditions.

            (B)                   It shall not be a defense to said prohibition that such furniture is covered by plastic cover, or other tarpaulin, canvas or sheeting.

            (C)                   This prohibition shall not apply to the following:

(1)       wood, metal, or plastic furniture;

(2)       outdoor patio furniture with weather-resistant cushions;

(3)       upholstered furniture designated for prepaid special pickup or delivery by public or private hauler, provided that such remain outdoors for a period not to exceed seventy-two (72) hours.

 

ARTICLE III

 

OFFENSES AGAINST PROPERTY

 

 

            27-3-1          PETTY THEFT.  A person commits a petty theft when the value of the property is under Three Hundred Dollars ($300.00) and he knowingly:

            (A)                   obtains or exerts unauthorized control over property of the owner; or

            (B)                   obtains by deception, control over property of the owner; or

            (C)                   obtains by threat, control over property of the owner; or

            (D)                   obtains control over stolen property knowing the property to have been stolen by another or under such circumstances as would reasonably induce him to believe that the property was stolen; and

(1)       intends to deprive the owner permanently of the use or benefit of the property;

(2)       knowingly uses, conceals or abandons the property in such a manner as to deprive the owner permanently of such use or benefit;

(3)       uses, conceals or abandons the property, knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit.

            (E)                   It shall be unlawful to commit a petty theft.

(720 ILCS 5/16-1)

 

 

            27-3-2          CRIMINAL DAMAGE TO PROPERTY.  Any of the following acts by a person shall be a violation of this Code.

            (A)                   To knowingly damage any property of another without his consent; or

            (B)                   recklessly, by means of fire or explosive, damage property of another; or

            (C)                   knowingly start a fire on the land of another without his consent; or

            (D)                   knowingly injure a domestic animal of another without his consent; or

            (E)                   knowingly deposit on the land or in the building of another, without his consent, any stink bomb or any offensive smelling compound and thereby, intend to interfere with the use by another of the land or building.  (720 ILCS 5/21-1)

 

 

            27-3-3          CRIMINAL DAMAGE TO FIRE-FIGHTING APPARATUS, HYDRANTS OR EQUIPMENT.  No person shall willfully and maliciously cut, injure, damage, tamper with or destroy or deface any fire hydrant or any fire hose or any fire engine, or other public or private fire-fighting equipment or any apparatus appertaining to such equipment, or to intentionally open any fire hydrant without proper authorization.  (720 ILCS 5/21-1.1)

 

 

            27-3-4          INJURY TO UTILITY WIRES AND POLES.  It shall be unlawful to willfully, maliciously, or negligently break, deface, injure or destroy any telegraph or telephone pole, post or wire, or any electric light post, pole, or electric conductor, wire or lamp or any other thing connected with the same or belonging thereto, or any water main, gas main, pipe or hydrant or lamp or lamppost, or anything belonging to or connected therewith or with any of them.

 

 

            27-3-5          DAMAGE OR DESTRUCTION OF STREET SIGNS PROHIBITED. It shall be unlawful for any person in any manner or form, to deface, disfigure, damage or destroy any of the street signs or parts thereof located in the Village.

 

            27-3-6                      TAMPERING WITH PUBLIC NOTICE.  It shall be unlawful for a person to knowingly and without lawful authority alter, destroy, deface, remove or conceal any public notice, posted according to law, during the time for which the notice was to remain posted.  (720 ILCS 5/32-9)

 

 

            27-3-7                      ELECTRONIC DEVICES TO KILL INSECTS.  No person shall operate, between the hours of 12:01 A.M. and 6:00 A.M. of any day, on any property zoned for residential use, any electrical device which emits an audible sound and is designed or used for the purpose of killing insects out-of-doors.

 

ARTICLE IV

 

PUBLIC HEALTH, SAFETY AND DECENCY

 

 

            27-4-1          DISORDERLY CONDUCT; ELEMENTS OF THE OFFENSE.  A person commits disorderly conduct when he knowingly:

            (A)                   does any act in such an unreasonable manner as to alarm or disturb another and to provoke a breach of the peace; or

            (B)                   transmits in any manner to the Fire Department of any Village, town, village or fire protection district, a false alarm of fire, knowing at the time of such transmission that there is no reasonable ground for believing that such fire exists; or

            (C)                   transmits in any manner to another a false alarm to the effect that a bomb or other explosive device of any nature is concealed in such a place that its explosion would endanger human life, knowing at the time of such transmission that there is no reasonable ground for believing that such bomb or explosive device is concealed in such a place; or

            (D)                   transmits in any manner to any peace officer, public officer or public employee a report to the effect that an offense has been committed, knowing at the time of such transmission that there is no reasonable ground for believing that such an offense has been committed; or

            (E)                   enters upon the property of another and for a lewd or unlawful purpose, deliberately looks into a dwelling on the property through any window or other opening in it;

            (F)                   while acting as a collection agency as defined in the “Collection Agency Act” or as an employee of such collection agency, and while attempting to collect an alleged debt, makes a telephone call to the alleged debtor which is designed to harass, annoy or intimidate the alleged debtor; or

            (G)                   transmits a false report to the Department of Children and Family Services.

(720 ILCS 5/26-1)

 

 

            27-4-2          RESISTING OR OBSTRUCTING A PEACE OFFICER.  A person commits an offense when that person knowingly resists or obstructs the performance of any authorized act of one known to the person to be a peace officer within that peace officer's official capacity.  (720 ILCS 5/31-1)

 

 

            27-4-3          REFUSING TO AID AN OFFICER.  A person who refuses or knowingly fails, upon command, to reasonably aid a person known by him to be a peace officer in the following commits a misdemeanor:

            (A)                   apprehending a person whom the officer is authorized to apprehend; or

            (B)                   preventing the commission by another of any offense.

(720 ILCS 5/31-8)

 

 

            27-4-4          ASSEMBLING AT PUBLIC PLACES AND BUSINESSES.

            (A)                   Drive-in Business. A drive-in business within the meaning of  this Code shall be deemed to be any business where meals, sandwiches, cold drinks, beverages, ice cream, food, drink, or consumer services are served directly to or are permitted to be consumed by patrons in or upon automobiles, motorcycles, or other vehicles parked on the premises.

            (B)                   Declared Public Places.  For the purpose of preserving public peace, health and safety, the entire premises occupied by a drive-in business, together with means of ingress or egress, are hereby declared to be a public place;

(1)       No person on the premises of a drive-in business shall race the motor of any motor vehicle, needlessly bring to a sudden start or stop, any motor vehicle, blow any horn of any motor vehicle, or cause to be made any
loud or unseemly noise, nuisance or disturbance whereby the quiet and good order of the premises or the neighborhood are disturbed.

(2)       The following acts or conduct of any persons entering a drive-in business or premises are hereby declared to be unlawful, and any person found guilty of any such acts shall be guilty of a violation of this Article:

(a)       Entering the premises of any drive-in business with any motor vehicle of any description and parking such vehicle and leaving the premises (thereby leaving such vehicle parked and unoccupied), without express consent of the owner or operator of such business, in which event, such motor vehicle shall be subject to a parking citation or may be impounded subject to the usual impounding charges.

(b)       Entering the premises in or upon a motor vehicle and using said premises for cruising, racing as a shortcut to another street or to annoy or endanger any person or persons or other vehicle or vehicles lawfully on said premises.

(c)        For three (3) or more persons to congregate on the premises and linger or loiter at any location on the premises of any drive-in business, other than in the building or in a legally parked motor vehicle.

(d)       For any person who, while on the premises of any drive-in business, in the presence or hearing of another, to curse or abuse such person or use any violently abusive language under circumstances reasonably calculated to provoke a breach of the peace.

            (C)                   Posting Sign.  It shall be the responsibility of the business operator to post on the premises in a conspicuous location, one (1) or more signs bearing the following legend in letters at least two inches (2") or more in height and readable:

 

            “CRUISING IN OR CONGREGATING AND LOITERING OUTSIDE A MOTOR VEHICLE IS UNLAWFUL. NO UNOCCUPIED MOTOR VEHICLES MAY BE LEFT ON THE PREMISES WITHOUT THE CONSENT OF THE OWNER.”

(65 ILCS 5/11-5-2)

 

 

            27-4-5                      TRAPPING ANIMALS.  It shall be unlawful for anyone to trap game or fur-bearing animals unless permission is granted by the Village Board.

 

 

            27-4-6                      REFUSAL TO DISPERSE.  No person in the Municipality shall knowingly fail to obey a lawful order of dispersal by a person known by him to be a police officer under circumstances where three (3) or more persons are committing acts of disorderly conduct in the immediate vicinity, which acts are likely to cause substantial harm or serious inconvenience, annoyance, or alarm.

 

 

            27-4-7                      FIGHTING.  No person in the Village shall start a fight, offer to fight, engage in a fight, assault or strike another person or provoke a breach of the peace by threatening to assault or strike another person.

 

 

            27-4-8                      LOUD AND UNNECESSARY NOISE.  No person in the Village shall create an unreasonably loud or unnecessary noise and disturb the peace and quiet of the Village or of any citizens thereof by:

 

            (A)                   Sounding of any horn, whistle, siren, or other signaling device, except where necessary to warn of the danger of an approaching vehicle;

            (B)                   Playing of radio, loud speaker, public address system, or other electronic device in a loud and unnecessary manner;

            (C)                   Keeping any animal or bird which by frequent and long continued noise disturbs the comfort and repose of any person in the vicinity;

            (D)                   Unnecessary banging, pounding, clanging, clattering, or other loud noise not necessary in the performing of any useful work.

 

ARTICLE V - ANTI-LITTER

 

 

            27-5-1          DEFINITIONS.  For the purpose of this Article, the following terms, phrases, words, and their derivations shall have the meanings given herein:

 

“AIRCRAFT”is any contrivance now known or hereafter invented, used, or designed for navigation or for flight in the air.  The word "aircraft" shall include helicopters and lighter-than-air powered craft and balloons.

 

“AUTHORIZED PRIVATE RECEPTACLE”is a container of water-tight construction with a tight-fitting lid or cover capable of preventing the escape of contents within.  Such receptacles shall have handles or other means for safe and convenient handling and be of such size or sufficient capacity to hold all litter generated between collection periods and shall be in compliance with the regulations promulgated.

 

“CONSTRUCTION SITES”means any private or public property upon which repairs to existing buildings, construction of new buildings or demolition of existing structures is taking place.

 

“HANDBILL”is any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed matter of literature which is not delivered by the United States Mail Service, including, but not limited to those which:

            (A)                   advertise for sale any merchandise, product, commodity or thing; or

            (B)                   direct attention to any business or mercantile or commercial establishment, or other activity for the purpose of either directly or indirectly promoting the interest thereof by sales; or

            (C)                   direct attention to or advertise any meeting, theatrical performance, exhibition, or event of any kind for which an admission fee is charged for the purpose of private gain or profit.

 

“LITTER”is garbage, refuse and rubbish and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.

 

“LOADING AND UNLOADING DOCK”means any dock space or area used by any moving vehicle for the purpose of receiving, shipping and transporting goods, wares, commodities and persons located on or adjacent to any stream, river or land.

 

“PRIVATE PREMISES”means all property including, but not limited to, vacant land or any land, building or other structure designed or used for residential, commercial, business, industrial, institutional or religious purposes, together with any yard, grounds, walk, driveway, fence, porch, steps, vestibule, mailbox, and other structure(s) appurtenant thereto.

 

“PUBLIC PLACE”means any and all streets, sidewalks, boulevards, alleys or other public ways, lakes, rivers, watercourses, or fountains and any and all public parks, squares, spaces, grounds, and buildings.

 

“PUBLIC RECEPTACLES”means any receptacles provided by or authorized by the Village.

 

“VEHICLE”is every device in, upon or by which any person or property is or may be transported or drawn upon land or water, including devices used exclusively upon stationary rails or tracks.

 

 

            27-5-2                      LITTERING PROHIBITED. No person shall deposit any litter within the Village except in public receptacles, in authorized private receptacles for collection, or in any duly licensed disposal facility.

 

            27-5-3          PREVENTION OF SCATTERING.  Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent litter from being carried or deposited by the elements upon any public place or private premises.

 

 

            27-5-4          RECEPTACLES - UPSETTING OR TAMPERING.  No person shall upset or tamper with a public or private receptacle designed or used for the deposit of litter or cause or permit its contents to be deposited or strewn in or upon any public place or private premises.

 

 

            27-5-5          SIDEWALKS AND ALLEYS FREE FROM LITTER. Persons owning, occupying or in control of any public place or private premises shall keep the sidewalks and alleys adjacent thereto free of litter.

 

 

            27-5-6          OWNER TO MAINTAIN PRIVATE PREMISES.

            (A)                   The owner or person in control of any private premises shall, at all times, maintain the premises free of litter.

            (B)                   The owner or person in control of private premises shall, if public receptacles are unavailable, maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any public place or private premises.

 

 

            27-5-7                      LITTERING FROM VEHICLES.

            (A)                   No person, while the operator of or passenger in a vehicle, shall deposit litter upon any public place or private premises.

            (B)                   No person shall drive or move any loaded or partly loaded truck or other vehicle within the Village unless such vehicle is so constructed or so loaded as to prevent any part of its load, contents or litter from being blown or deposited upon any public place or private premises.  Nor shall any person drive or move any vehicle or truck within the Village, the wheels or tires of which carry onto or deposit in any public place or private premises, mud, dirt, sticky substances, litter or foreign matter of any kind.

 

 

            27-5-8          LITTERING FROM AIRCRAFT.  No person in an aircraft shall throw out, drop or deposit any litter within the Village.

 

 

            27-5-9          LITTER IN PARKS.  No person shall deposit litter in any park within the Village except in receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any other public place or private premises.  Where receptacles are not provided, all such litter shall be removed from the park by the person responsible for its presence and properly disposed of elsewhere in a lawful manner.

 

 

            27-5-10       HANDBILLS.

            (A)                   Public Places.  No person shall deposit or sell any handbill in or upon any public place, provided, however, that it shall not be unlawful on any public place for any person to hand out or distribute without charge to the receiver, any handbill to any person willing to accept it.

            (B)                   Private Premises.  No person shall deposit or unlawfully distribute any handbill in or upon private premises or vehicles, except by handing or transmitting any such handbill directly to the occupant of such private premises.  Provided, however, that in case of private premises or vehicles which are not posted against the receiving of handbills or similar material, such person, unless requested by anyone upon such premises not to do so, may securely place any such handbill in such a manner as to
prevent such handbill from being deposited by the elements upon any public place or other private premises, except mailboxes, may not be so used when prohibited by federal postal law or regulations.

            (C)                   Exemptions for Newspapers and Political Literature.  The provisions of this Section shall not apply to the distribution upon private premises only of newspapers or political literature; except that newspapers and political literature shall be placed in such a manner as to prevent their being carried or deposited by the elements upon any public place or other private premises.

            (D)                   Placing Handbills on Vehicles.  No person shall deposit any handbill in or upon any vehicle unless the occupant of the vehicle is willing to accept it.

            (E)                   Cleanup. It shall be the responsibility of any person distributing handbills to maintain the area which they are utilizing free of any litter caused by or related to said handbill distribution.

 

 

            27-5-11       POSTING NOTICES PROHIBITED.  No person shall post or affix any notice, poster, or other paper or device, calculated to attract the attention of the public upon any public place, except as may be authorized or required by law.  No person, except the owner or tenant shall post any such notice on private property without the permission of the owner or tenant.

 

 

            27-5-12       CONSTRUCTION SITES.

            (A)                   Each contractor shall be responsible for the job site so that litter will be prevented from being carried or deposited by the elements upon any public place or other private premises.

            (B)                   Litter or other debris, including dirt and mud, deposited as the result of normal construction process upon any public place or private premises, shall be removed by the contractor.

 

 

            27-5-13       LOADING AND UNLOADING DOCKS. The person owning, operating, or in control of a loading or unloading dock shall maintain private receptacles for collection of litter, and shall, at all times, maintain the dock area free of litter in such a manner that litter will be prevented from being carried or deposited by the elements upon any public place or other private premises.

 

 

            27-5-14       PARKING LOTS.

            (A)                   Litter Receptacles Required.  Any public place or private premises containing any provision for parking vehicles shall be equipped with litter receptacles incompliance with this Section.  Such premises shall include, but not be limited to such places as shopping centers, outdoor theaters, drive-in restaurants, gasoline service stations, apartment developments, parking lots, and any other place where provision is made for vehicles to stop or park in a designated area for any purpose.

            (B)                   Number of Receptacles. All premises having parking lots shall provide in an easily accessible location a minimum of one (1) refuse container for every fifty (50) parking spaces.

            (C)                   Specifications.  Litter receptacles shall have tight-fitting lids or tops and shall be weighted or attached to the ground or other fixed structures as necessary to prevent spillage.  A minimum container size of twenty (20) gallons or 75.7 liters shall be used.

            (D)                   Cleanliness.  Premises used for the purpose designated herein shall be kept in a litter-free condition and all litter shall be removed periodically from the receptacles.

            (E)                   Obligation to Use Receptacles.  It shall be the duty and obligation of all persons using parking areas to use such litter receptacles as hereinabove provided for the purposes intended and it shall be unlawful for any person or persons to deposit any litter upon any such parking lot.

 

(65 ILCS 5/11-1-1 and 415 ILCS 105/1 et seq.)

 

ARTICLE VI - TRESPASS

 

 

            27-6-1          TRESPASSES PROHIBITED.  It shall be unlawful for any person, firm, or corporation to commit a trespass within this municipality upon either public or private property.

 

 

            27-6-2          SPECIFICALLY ENUMERATED TRESPASSES - SUPPRESSION. Without constituting any limitation upon the provisions of Section 27-6-1 hereof, any of the following acts by any person, firm, or corporation shall be deemed included among those that constitute trespasses in violation of the provisions of Section 27-6-1, and appropriate action may be taken hereunder at any time, or from time to time, to prevent or suppress any violation or violations of this Article; the aforesaid enumerated acts so included, being as follows, to-wit:

            (A)                   An entry upon the premises of another, or any part thereof, including any public property, in violation of a notice posted or exhibited at the main entrance to the premises, or at any point of approach or entry or in violation of any notice, warning or protest given orally or in writing, by any owner or occupant thereof; or

            (B)                   the pursuit of a course of conduct or action incidental to the making of an entry upon the land of another in violation of a notice posted or exhibited at the main entrance to the premises or at any point of approach or entry, or in violation of any notice, warning or protest given orally or in writing by any owner or occupant thereof; or

            (C)                   a failure or refusal to depart from the premises of another in case of being requested, either orally or in writing to leave by any owner or occupant thereof; or

            (D)                   an entry into or upon any vehicle, aircraft or watercraft made without the consent of the person having the right to leave any such vehicle, aircraft or watercraft after being requested to leave by the person having such right.

 

(65 ILCS 5/11-5-2)

 

ARTICLE VII

 

PARENTAL RESPONSIBILITY REGULATIONS

 

 

            27-7-1                         DEFINITIONS.  For the purpose of this Article, the following definitions shall apply:

 

“ACTS OF VANDALISM AND SIMILAR OFFENSES”shall include any of the following acts:

            (A)                   Maliciously, recklessly, negligently, or knowingly damaging or destroying or defacing any property within the Village, whether such property is owned by the State, County or governmental body or owned by any private person, firm, partnership, or association; or

            (B)                    maliciously, recklessly, or knowingly, by means of fire or explosive device, damaging, debasing, or destroying any property of another person; or

            (C)                    maliciously, recklessly, negligently or knowingly starting a fire on land of another person without his consent; or

            (D)                   maliciously, recklessly or knowingly depositing on land or in the building of another person, without his consent, any stink bomb or any offensive smelling compound and thereby interfering with the use and occupancy by another of the land or building; or

            (E)                    maliciously, recklessly, or knowingly, and without authority, entering into or obtaining control over any building, house trailer, motor vehicle, aircraft or watercraft or any part thereof of another person without his consent.

 

“LEGAL GUARDIAN”shall include a foster parent, a person appointed guardian of a person or given custody of a minor by a Circuit Court of this State, but does not include a person appointed guardian only to the estate of a minor, or appointed guardian, or given custody of a minor under the Illinois Juvenile Court Act.

 

“MINOR”shall include a person who is above the age of eleven (11) years, but not yet eighteen (18) years of age.

 

“PARENT”shall include the lawful father and mother of a minor child whether by birth or adoption.

 

“PROPERTY”shall include any real estate including improvements thereon and tangible personal property.

 

 

            27-7-2                         PARENTS AND GUARDIANS RESPONSIBLE FOR ACTS.  The parent or legal guardian of an unemancipated minor residing with such parent or legal guardian shall be presumed, in the absence of evidence to the contrary to have failed to exercise proper parental responsibility and said minor shall be deemed to have committed the acts described herein with the knowledge and permission of the parent or guardian in violation of this Article upon the occurrence of the events described in (A), (B) and (C) below:

            (A)                   An unemancipated minor residing with said parent or legal guardian shall either be adjudicated to be in violation of any ordinance, law, or statute prohibiting willful and malicious acts causing injury to a person or property, or shall have incurred non-judicial sanctions from another official agency resulting from an admission of guilt of a violation of any ordinance, law, or statute prohibiting willful and malicious acts causing injury to a person or property; and

            (B)                    Said parent or legal guardian shall have received a written notice thereof, either by certified mail, return receipt requested, or by personal service, with a certificate of personal service returned from the Village, following said adjudication or non-judicial sanctions; and

            (C)                    If, at any time within one (1) year following receipt of notice set forth in paragraph (B) above, said minor is either adjudicated to be in violation of any ordinance, law, or statute as described in (A) above, or shall have incurred nonjudicial sanctions from another official agency resulting from an admission of guilt of violation of any ordinance, law, or statute as described in (A) above.

 

(740 ILCS 115/1 et seq. and 740 ILCS 115/4)

(See also 740 ILCS 5/21-1.2 et seq.)

 

ARTICLE VIII – TRUANCY AND CURFEW CODE

 

 

            27-8-1                      DEFINITIONS.  As used in this Article unless the context requires otherwise the following words and phrases shall mean:

 

“VILLAGE CURFEW HOURS” means the period of time specified in Section 27-2-31 of the Chapter.

 

“COURT” means the Vermilion County Circuit Court, Illinois.

 

“CUSTODIAN” means:

            (A)                   a person who under court order is the custodian of the person of a minor or

            (B)                   a public or private agency with which the court has placed a minor or

            (C)                   a person acting in the role of a parent by reason of a private agreement, arrangement, custom or habit.

 

“EMERGENCY” means an unforeseen combination of circumstances or the resulting state that calls for immediate action.  The term includes, but is not limited to, fire, natural disaster, automobile accident, medical emergency or any situation requiring immediate action to prevent serious bodily injury or loss of life.

 

“ESTABLISHMENT” means any privately owned place of business to which the public is invited, including but not limited to any place of amusement or entertainment.

 

“GUARDIAN” means:

            (A)                   parent or

            (B)                   a person who under court order is the guardian of the person of a minor; or

            (C)                   a public or private agency with which the court has placed a minor.

 

“MINOR” means a person under seventeen (17) years of age.

 

“PARENT” means a person who is a natural parent, adoptive parent, or step-parent of another person.

 

“PUBLIC PLACE” means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, public ways, sidewalks and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

 

“RESPONSIBLE ADULT” means a person at least eighteen (18) years of age, authorized by a parent, guardian or custodian to have the care and custody of a minor.

 

“SERIOUS BODILY INJURY” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

 

“TRUANCY CURFEW HOURS” means the period of the day when the school the minor would normally attend is in session, on days when the school the minor would normally attend is in session.

 

“TRUANT OFFICER” means any officer, appointee, employee or other agency of any school district or any federal, state or local government, entity or any agency thereof performing the duties of a truant officer under the Illinois Compulsory Attendance Statute.  (105 ILCS 5/26-1 et seq.)

 

“TRUANCY REVIEW BOARD” means any agency or entity established by any school district or any federal, state or local governmental entity or any counseling or social agency or any combination thereof
recognized by the Village and/or the court as an agency which provides service to improve education performance and/or attendance.

 

 

            27-8-2                      CURFEW RESTRICTIONS.

            (A)                   It is unlawful for any minor to be present in any public place or on the premises of any establishment within the Village during curfew hours.

            (B)                   It is unlawful for any parent or guardian or custodian of a minor to knowingly permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the Village during curfew hours.

            (C)                   It is a defense to prosecution under Section 27-8-2(A) and (B) or Section 27-8-4 (hereinafter) that the minor was:

(1)       accompanied by the minor’s parent, guardian, custodian or responsible adult;

(2)       on an errand at the direction of the minor’s parent, guardian, custodian or responsible adult; without any detour or stop;

(3)       in a motor vehicle involved in interstate travel with the consent or authorization of a parent, guardian or custodian;

(4)       engaged in, going to or returning home from an employment activity without any detour or stop;

(5)       involved in an emergency;

(6)       on the sidewalk abutting the minor’s residence;

(7)       engaged in, going to or returning home from official school, religious or other recreational activity supervised by adults, sponsored by a civic organization, or another similar entity that takes responsibility for the minor;

(8)       exercising First Amendment rights protected by the United States Constitution; or

(9)       emancipated pursuant to law.

 

 

            27-8-3                      TRUANCY RESTRICTIONS.

            (A)                   It is unlawful for any minor who is subject to compulsory education or to compulsory continuation education by statute or court order to be present in any public place or on the premises of any establishment within the Village during truancy curfew hours.

            (B)                   It is unlawful for any parent, custodian or guardian of a minor to knowingly permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the Village during truancy curfew hours.

            (C)                   It is a defense to prosecution under this Section or Section 27-8-4 that the minor was:

(1)       accompanied by a parent, guardian, custodian or responsible adult if engaged in an activity which would constitute an excused absence from the school from which the minor would normally attend;

(2)       involved in an emergency;

(3)       going to or returning from a medical appointment without any detour or stop;

(4)       engaged in, going to or returning home from an employment activity pursuant to a cooperative school vocation program without any detour or stop;

(5)       in possession of valid proof that the minor is a student who has permission to leave the school campus;

(6)       a bona fide participant in an alternative education or home schooling program;

 

(7)       engaged in or subject to an authorized or excused absence from the school which the minor attends, including but not limited to lunch periods.

 

 

            27-8-4                      ESTABLISHMENT RESTRICTIONS.  It is unlawful for any owner, operator or any employee of an establishment to allow a minor to be present or to remain upon the premises of the establishment in violation of Sections 27-8-2 or 27-8-3 above during curfew or truancy hours.

            It is a defense to prosecution, under this subparagraph if the owner, operator or employee of the establishment immediately upon discovery of a minor reasonably believed to be in violation of Sections 27-8-2 or 27-8-3 notified a law enforcement agency that a minor was present on the premises of the establishment during curfew or truancy hours and refused to leave the establishment after being advised to do so by the owner, operator or employee.

 

 

            27-8-5                      ENFORCEMENT RESTRICTIONS.  Every member of the Police Department while on duty is hereby authorized as follows:

            (A)                   For the first offense of any minor violating the provisions of this Code, to issue to the minor a citation, in writing, in the same form as described in paragraph (C) below.  For a second offense, the law enforcement officer is authorized to temporarily detain any minor violating the provisions of this Code (regardless of whether a citation is immediately issued) until the parent, custodian or guardian of the minor shall take him or her into custody, but such officer shall immediately upon taking custody of the minor reasonably attempt to communicate with the parent, custodian or guardian of the minor unless subparagraph (E) herein is applicable.  A parent, custodian or guardian must take custody of the minor within one (1) hour of the time of notice or be subject to a charge of Twenty-Five Dollars ($25.00) per hour as hereinafter provided.

            (B)                   Whenever a Police Officer or Truant Officer witnesses or has knowledge based on reasonable grounds of a violation of this Code by any person, such person may be issued a citation.  A citation or complaint may be made to a Police Officer or Truant Officer by any person.

            (C)                   A citation issued hereunder this shall be in writing and shall:

(1)       state the name of the person being cited and the person’s address if known;

(2)       set forth the specific section of this Code that was violated, the date of the violation and a brief description of the violation;

(3)       be signed by the issuing Police Officer, Truant Officer or complaining party.

            In each instance where a citation is issued to a minor for violation of this Code a minor’s parent, custodian or guardian shall be provided a copy of the citation notifying the parent, custodian or guardian of the charge made against the minor.

            (D)                   A minor cited for a citation under this Code must attend a court hearing or Truancy Review Board hearing on the citation and must be accompanied at the hearing by his or her parent, custodian, guardian or other adult person having the legal care and custody of the minor.  If any such person fails to attend any court hearing with the minor, and unless the interest of justice would otherwise be served, the court may continue the hearing and shall issue a Notice or a Rule to Show Cause to the person directing that said person to appear at the continued hearing with the minor.  Failure of the person to thereafter appear shall subject said person to sanctions for contempt of court as determined by the court.

            (E)                   Every member of the Police Department while on duty is hereby authorized to temporarily detain any minor violating the provisions of Section 27-8-3 of this Code, regardless of whether a citation is issued, and to deliver and surrender the minor to the lawful authorities of the school that the minor would normally attend.

 

            27-8-6                      PENALTY.

            (A)                   Any person who violates any provision of this Code shall upon conviction thereof be fined not less than Twenty-Five Dollars ($25.00) nor more than Two Hundred Dollars ($200.00); and a separate offense shall be deemed to have been committed upon each day on which such violation occurs or continues.  (See also Section 1-1-20)

            (B)                   In lieu of or in addition to a fine, a minor may be ordered to attend counseling or to perform ten (10) hours of court approved community service during times other than the minor’s hours of school attendance and/or the minor’s parent, custodian, guardian or other adult having legal care or custody of the minor may be ordered to attend a parenting class or series of parenting classes or other counseling approved by the court or recommended by the Truancy Review Board or to attend any program directly related to improving school attendance and/or performance.

            (C)                   In addition to any penalty imposed pursuant to (A) or (B) above, the minor’s parents, custodian, guardian or other adult having legal care or custody of the minor may be ordered to pay all amounts imposed as civil liability under Section 27-8-7 hereinafter.

 

 

            27-8-7                      CIVIL LIABILITY.  If a minor is detained for a period of time in excess of one (1) hour which requires the supervision of the minor by personnel of the Police Department, the parent, custodian, guardian or other adult having legal care or custody of the minor shall be jointly and severally liable for the costs therefore.  The parent, custodian, guardian or other adult having legal care or custody of the minor who has committed any offense of this Code shall be assessed and billed for the costs; the costs shall be recoverable in any action enforcing any provision of this Code or in a separate civil action.  In addition, the failure to pay the costs shall constitute a violation of this Code and subject the violator to the penalties described within Section 27-8-6 above.  In the event any action is filed, the liable party shall be responsible for all court costs and any reasonable attorney’s fees incurred by the Village in collecting.

 

ARTICLE IX - OPEN BURNING

 

 

            27-9-1          DEFINITIONS.  Unless the context otherwise requires the words and phrases herein defined are used in this Article in the sense given them in the following definitions:

“AGRICULTURAL WASTE”means any refuse, except garbage and dead animals, generated on a farm or ranch by crop and livestock production practices including such items as bags, cartons, dry bedding, structural materials, and crop residues but excluding landscape waste.

“GARBAGE OR HOUSEHOLD TRASH”means refuse resulting from the handling, processing, preparation, cooking and consumption of food or food products; including plastic containers.

“LANDSCAPE WASTE”means any vegetable or plant refuse, except garbage and agricultural waste.  The term includes trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery, and yard trimmings.

“OPEN BURNING”means the combustion of any matter in such a way that the products of the combustion are emitted to the open air without originating in or passing through equipment for which a permit could be issued under Section 9(b) of the Environmental Protection Act of the State of Illinois.

 

 

            27-9-2          BURNING PROHIBITED.  It shall be unlawful to cause or allow open burning of agricultural waste, household trash or garbage.

 

 

            27-9-3                      EXCEPTIONS.  The exceptions to the no burning restrictions shall apply in the following restrictions:

            (A)                   The burning of yard wastes which are produced on site subject to the following restrictions:

(1)       When atmospheric conditions readily dissipate the contaminants.

(2)       Said burning shall occur only between 6:00 A.M. and 6:00 P.M.  (Ord. No. 07-1378; 05-08-07)

(3)       Such burning does not create visibility hazards on roads, railroad tracks and airways.

(4)       Said burning of yard waste shall be allowed only if said fires are attended at all times and restricted to an area at least fifty (50) feet from any structure or building.

(5)       The burning of fuels for legitimate campfire, recreational and cooking purposes shall be allowed within the Village, provided that no garbage shall be burned in such cases.

(6)       No burning on Sundays except for recreational purposes.

 

 

            27-9-4                      PLACEMENT OF GARBAGE CONTAINERS.

            (A)                   No burn barrels and/or garbage receptacles shall be located or stored in any front yard or on any Village right-of-way.  Receptacles shall be located at the rear of the home or building.

            (B)                   Garbage and/or garbage receptacles shall not be placed out for pick-up any earlier than 6:00 P.M. on the evening before collection, and said receptacles shall be removed by 6:00 P.M. on the date of garbage/trash collection.  Receptacles may not be left at collection site for more than twenty-four (24) hours.

            (C)                   The homeowner and/or occupant shall be responsible for cleaning up any debris scattered or blown as a result of damaged receptacles or torn bags.

(Ord. No. 07-1378; 05-08-07)

 

ARTICLE X – SKATEBOARDS AND TOY VEHICLES

 

 

            27-10-1       DEFINITIONS.  As used in this Article, the following words and phrases shall have the following meanings, unless the context clearly indicates that a different meaning is intended:

            (A)                   Business District.  The Village business district.

            (B)                   Skateboard.  A device with wheels for riding upon, usually standing, including, without limitations, skateboards of all types.

            (C)                   Toy Vehicles.  Coasters, scooters, roller skates, or any other non-motorized device with wheels or rollers upon which a person may ride.  This definition does not apply, so long as they are used for the purposes for which they are intended, to wagons, wheelchairs and strollers or other devices designed and used for the purpose of transporting children, infants, physically challenged, or incapacitated persons, or to bicycles, or to carts or other devices intended and used for transporting merchandise or materials.

 

 

            27-10-2       SKATEBOARDING ON A STREET.  No person shall operate a skateboard or toy vehicle on a public street if there is a sidewalk adjacent to such street.  If no sidewalk exists, skateboards may be ridden on the street providing street riding shall be done as far to the right side of the road as possible, and in the same direction as traffic.

 

 

            27-10-3       CLINGING TO A VEHICLE.  No person operating a skateboard, toy vehicle, or other non-motorized device shall attach himself or herself to any vehicle upon a roadway.

 

 

            27-10-4       YIELD RIGHT-OF-WAY.  Any person operating a skateboard or other toy vehicle must yield right of way to any pedestrian or motor vehicle.

 

 

            27-10-5       SKATEBOARDING ON PRIVATE PROPERTY.

            (A)                   No person shall operate a skateboard or toy vehicle on the premises of any business, residence, or other private property in violation of a sign complying with this Section.

            (B)                   Areas in which skateboarding or operation of a toy vehicle is prohibited must be indicated by one or more signs which are positioned to provide notice and which contain the words “No Skateboarding” or any other word or combination of words indicating that skateboarding or operation of a toy vehicle is prohibited.  Letters on the sign must be clearly legible.

 

 

            27-10-6       SKATEBOARDING ON PUBLIC PROPERTY.  No person shall operate a skateboard or toy vehicle in, upon, or on the grounds of any public property.

 

 

            27-10-7       SKATEBOARDING IN THE BUSINESS DISTRICT.  No person shall operate a skateboard or toy vehicle within the Village’s business district.

 

 

            27-10-8       DAMAGING VILLAGE PROPERTY.  No person shall operate a skateboard or toy vehicle on or against any municipal-owned table, bench, structure, tennis court, parking stop, retaining wall, fountain, statue, or other improvement which may suffer damage by such use.


            27-10-9       SKATEBOARD RAMPS.  No person shall use or place a ramp, jump, or any other device used to force a skateboard or toy vehicle off the pavement on the grounds of the municipal-owned parking lot, park or sidewalk.

 

 

            27-10-10     AGREEMENT FOR IMPOUNDMENT.  In place of any other penalty provided by law, any person violating this Article may, for a first offense, agree to have the skateboard or play vehicle impounded by the Police Department for one (1) week.


ARTICLE XI – POSSESSION OF CANNABIS

 

 

27-11-1       DEFINITIONS.  For the purposes of this Article, the following words and phrases shall have the meaning respectively ascribed to them.

“Cannabis” means and includes marijuana, hashish and other substances who are identified as including any parts of the plant Cannabis Sativa, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and any compound, manufacture, sale, derivative, mixture, or preparation of such plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; but shall not include the mature stalk of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such; mature stalks (except the resin extracted therefrom), fiber oil or cake, or the sterilized seed of such plant, which is incapable of germination.

 

 

            27-11-2       VIOLATIONS—POSSESSION OF CANNABIS.  It is unlawful for any person knowingly to possess cannabis.

 

 

            27-11-3       PENALTIES AND VIOLATIONS.  Any person violating any of the provisions of this Article shall be guilty of a Village ordinance violation and upon conviction, shall be subject to a fine, said fines to be set as follows:

            (A)                   A person found in possession of an amount not to exceed 2.5 grams of any substance containing cannabis shall be liable for a fine of no less than One Hundred Dollars ($100.00) and no more than Seven Hundred Fifty Dollars ($750.00).

            (B)                   A person who possesses more than 2.5 grams but not more than ten (10) grams of any substance containing cannabis shall be liable for a fine of no less than Two Hundred Dollars ($200.00), but no more than Seven Hundred Fifty Dollars ($750.00).

            (C)                   A person found in possession of more than ten (10) grams but not more than thirty (30) grams of any substance containing cannabis shall be liable for a fine of no less than Three Hundred Dollars ($300.00), but no more than Seven Hundred Fifty Dollars ($750.00).

 

(Ord. No. 1314-00; 07-25-00)


ARTICLE XII - OBSCENITY

 

 

            27-12-1       OBSCENITY.

            (A)                   Elements of the Offense. A person commits an obscenity when, with the knowledge of the nature or content thereof or recklessly failing to exercise reasonable inspection which would have disclosed the nature or content thereof, he:

(1)       sells, delivers or provides or offers or agrees to sell, deliver or provide any obscene writing, picture, record or other representation or embodiment of the obscene; or

(2)       presents or directs an obscene play, dance, or other performance or participates directly in that portion thereof which  makes  it obscene; or

(3)       publishes, exhibits or otherwise makes available anything obscene; or

(4)       performs an obscene act or otherwise presents an obscene exhibition of his body for gain; or

(5)       creates, buys, procures or possesses obscene matter or material with intent to disseminate it in violation of this Section, or of the penal laws or regulations of any other jurisdiction; or

(6)       advertises or otherwise promotes the sale of material represented or held out by him to be obscene, whether or not it is obscene.

            (B)                  Obscene Defined.  Any material or performance is obscene if:

(1)       the average person, applying contemporary adult community standards, would find that, taken as a whole, it appeals to  the prurient interest; and

(2)       the average person, applying contemporary adult community standards, would find that it depicts or describes, in a patently offensive way, ultimate sexual acts or sadomasochistic sexual acts, whether normal or perverted, actual or simulated, or masturbation, excretory functions or lewd exhibition of the genitals; and

(3)       taken as a whole, it lacks serious literary, artistic, political or scientific value.

            (C)                   Interpretation of Evidence.  Obscenity shall be judged with reference to ordinary adults except that it shall be judged with reference to children or other specially susceptible audiences if it appears from the character of the material or the circumstances of its dissemination to be specially designed for or directed to such an audience.

            Where circumstances of production, presentation, sale, dissemination, distribution, or publicity indicate that material is being commercially exploited for the sake of its prurient appeal, such evidence is probative with respect to the nature of the matter and can justify the conclusion that the matter is lacking in serious literary, artistic, political or scientific value.

            In any prosecution for an offense under this Section, evidence shall be admissible to show:

(1)       the character of the audience for which the material was designed or to which it was directed;

(2)       what the predominant appeal of the material would be for ordinary adults or a special audience, and what effect, if any, it would probably have on the behavior of such people;

(3)       the artistic, literary, scientific, educational or other merits of the material, or the absence thereof;

(4)       the degree, if any, of public acceptance of the material in this State;

(5)       appeal to prurient interest or absence thereof in advertising  or other promotion of the material;

(6)       purpose of the author, creator, publisher or disseminator.

 

            (D)                   Prima Facie Evidence. The creation, purchase, procurement or possession of a mold, engraved plat or other embodiment or obscenity, specially adapted for reproducing multiple copies, or the possession of more than three (3) copies of obscene material shall be prima facie evidence of an intent to disseminate.  (65 ILCS 5/11-5-1)

 

 

            27-12-2       HARMFUL MATERIAL.

            (A)                   Elements of the Offense.  A person who, with knowledge that a person is a child; that is, a person under eighteen (18) years of age, or who fails to exercise reasonable care in ascertaining the true age of a child, knowingly distributes to, or sends or causes to be sent to, or exhibits to or offers to distribute or exhibit any harmful material to a child is guilty of a violation of this Code.

            (B)                   Definitions.

(1)       Material is harmful if, to the average person applying contemporary standards, its predominant appeal, taken as a whole, is to prurient interest; that is, shameful or morbid interest in nudity, sex, or excretion which goes substantially beyond customary limits of candor in description or representation of such matters and is material, the redeeming social importance of which is substantially less than its prurient appeal.

(2)       “Material” as used in this Code means any writing picture, record or other representation or embodiment.

(3)       “Distribute” means to transfer possession of material whether with or without consideration.

(4)       “Knowingly” as used in this Section means having knowledge of the contents of the subject matter or recklessly failing to exercise reasonable inspection which would have disclosed the contents thereof.

            (C)                   Interpretation of Evidence. The predominant appeal to prurient interest of the material shall be judged with reference to average children of the same general age of the child to whom such material was offered, distributed, sent or exhibited unless it appears from the nature of the matter or the circumstances of its dissemination, distribution or exhibition that it is designed for specially susceptible groups, in which case, the predominant appeal of the material shall be judged with reference to its intended or probable recipient group.

            In prosecutions under this Section where circumstances of production, presentation, sale, dissemination, distribution, or publicity, indicate the material is being commercially exploited for the sake of its prurient appeal, such evidence is probative with respect to the nature of the material and can justify the conclusion that the redeeming social importance of the material is, in fact, substantially less than its prurient appeal.

            (D)                   Affirmative Defenses.

(1)       Nothing in this Section shall prohibit any public library or any library operated by an accredited institution of higher education from circulating harmful material to any person under eighteen (18) years of age, provided such circulation is in aid of a legitimate scientific or educational purpose, and it shall be an affirmative defense in any prosecution for a violation of this Section that the act charged was committed in aid of legitimate scientific or educational purposes.

(2)       Nothing in this Section shall prohibit any parent from distributing to his child any harmful material.

(3)       Proof that the defendant demanded, was shown and acted in reliance upon any of the following documents as proof of the age of a child shall be a defense to any criminal prosecution under this Section:

(a)       A document issued by the federal government or any state, county or municipal government, or subdivision or agency thereof, including, but not limited to a motor vehicle operator's license, a registration certificate issued under the Federal
Selective Service Act or an identification card issued to a member of the armed forces.

(4)       In the event an advertisement of harmful material as defined in this Section culminates in the sale or distribution of such harmful material to a child, under circumstances where there was no personal confrontation of the child by the defendant, his employees or agents as where the order or request for such harmful material was transmitted by mail, telephone, or similar means of communication and delivery of such harmful material to the child was by mail, freight, or similar means of transport, it shall be a defense in any prosecution for a violation of this Section that the advertisement contained the following statement or a statement substantially similar thereto, and that the defendant required the purchaser to certify that he was not under the age of eighteen (18) years and that the purchaser falsely stated that he was not under the age of eighteen (18) years:

 

“NOTICE:  It is unlawful for any person under eighteen (18) years of age to purchase the matter herein advertised.   Any person under eighteen (18) years of age who falsely states that he is not under eighteen (18) years of age for the purpose of obtaining the material advertised herein is guilty of a misdemeanor.”

            (E)                   Child Falsifying Age.  Any person under eighteen (18) years of age who falsely states, either orally or in writing that he is not under the age of eighteen (18) years, or who presents or offers to any person any evidence of age and identity which is false or not actually his own for the purpose of ordering, obtaining, viewing or otherwise procuring or attempting to procure or view any harmful material is guilty of a misdemeanor.  (65 ILCS 5/11-5-1)

 

 

            27-12-3       TIE-IN SALES OF OBSCENE PUBLICATIONS TO DISTRIBUTORS.  Any person, firm or corporation, or any agent, officer or employee thereof engaged in the business of distributing books, magazines, periodicals, comic books or other publications to retail dealers who shall refuse to furnish to any retail dealer such quantity of books, magazines, periodicals, comic books or other publications as such retail dealer normally sells because the retail dealer refuses to sell, or offer for sale, any books, magazines, periodicals, comic books or other publications which are obscene, lewd, lascivious, filthy or indecent is guilty of an offense.  Each publication sold or delivered in violation of this Section shall constitute a separate offense.  (720 ILCS 5/11-22)

 

ARTICLE XIII – POSSESSION OF DRUG PARAPHERNALIA

 

 

            27-13-1       DEFINITIONS.  For the purpose of this Article, the following words and phrases shall have the meaning respectively ascribed to them:

            “Drug Paraphernalia” means all equipment, products and materials of any kind which are peculiar to and marketed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body cannabis or a controlled substance in violation of the Cannabis Control Act or the Illinois Controlled Substances Act.  It includes, but is not limited to:

            (A)                   Kits peculiar to and marketed for use in manufacturing, compounding, converting, producing, processing or preparing cannabis or a controlled substance.

            (B)                   Isomerization devices peculiar to and marketed for sue in increasing the potency of any species of plant which is cannabis or a controlled substance.

            (C)                   Testing equipment peculiar to and marketed for private home use in identifying or in analyzing the strength, effectiveness or purity of cannabis or controlled substances.

            (D)                   Dilutents and adulterants peculiar to and marketed for cutting cannabis or a controlled substance by private persons.

            (E)                   Objects peculiar to and marketed for use in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body including, where applicable, the following items:

(1)       Water pipes.

(2)       Carburetion tubes and devices.

(3)       Smoking and carburetion masks.

(4)       Miniature cocaine spoons and cocaine vials.

(5)       Carburetor pipes.

(6)       Electric pipes.

(7)       Air-driven pipes.

(8)       Chillums.

(9)       Bongs.

(10)      Ice pipes or chillers.

            (F)                   Any items whose purpose, as announced or described by the seller, is for use in violation of this Act.

 

 

            27-13-2       POSSESSION OF DRUG PARAPHERNALIA. 

            (A)                   A person who knowingly possesses an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing cannabis or a controlled substance into the human body, or in preparing cannabis or a controlled substance for that use, is guilty of a Village ordinance violation.

            (B)                   In determining intent under subsection (A) of this Section, the trier of fact may take into consideration the presumed of the cannabis or controlled substances to drug paraphernalia or the presence of cannabis or a controlled substance on the drug paraphernalia.

 

 

            27-13-3       PENALTIES AND VIOLATIONS.  Any person violating the provision of Section 27-13-2 of this Chapter, shall be guilty of an ordinance violation and upon conviction shall be subject to a fine of no less than One Hundred Dollars ($100.00) and no more than Seven Hundred Fifty Dollars ($750.00).

 

(Ord. No. 1314-00; 07-25-00)


ARTICLE XIV - SYNTHETIC DRUGS

 

 

            27-14-1       SALE, POSSESSION OR DELIVERY OF SYNTHETIC COCAINE PROHIBITED.

            (A)                   Definitions.  The following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:

(1)       Synthetic Cocaine, “Bath Salts” or Substances Containing Cocaine includes but not limited to the names, MDPK, Magic, Super Coke, PV, Ivory Wave, Ocean, Cloud Nine, Charge Plus, White lightning, Scarface, Hurricane, Charlie Red Dove and White Dove.  It is an herbal and chemical product which mimics the effects of Cocaine, including but not limited to Methylenedioxypyrovalerone, (a psychoactive drug), or cathinone derivatives.

(2)       Deliver or Delivery.  Actual, constructive or attempted transfer of possession of synthetic cocaine or substance containing cocaine, with or without consideration, whether or not there is an agency relationship.

(3)       Knowledge.  Knows, acts knowingly or with knowledge:

(a)       the nature or attendant circumstances of his/her conduct described by the section defining the offense, when he/she is consciously aware that his/her conduct is of such nature or that such circumstances exist, knowledge of a material fact includes awareness of the substantial probability that such fact exists.

(b)       the result of his/her conduct, described by the section defining the offense, when he/she is consciously aware that such result is likely to be caused by his/her conduct.

(c)        knowledge may be inferred from the surrounding circumstances.

(4)       “Bath salts” a substance that contains methylenedioxypyrovalerone (MDPV) or contains a norepinephrine-dopamine reuptake inhibitor (NDRI).

(5)       Manufacture.  The production, preparation, propagation, compounding, conversion or processing of synthetic cocaine or a substance containing cocaine, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, and includes any packaging or repackaging of synthetic cocaine or a substance containing cocaine or labeling of its container, except that this term does not include the preparation, compounding, packaging or labeling of synthetic cocaine as an incident to lawful research, teaching or chemical analysis and not for sale.

(6)       Person.  Any individual, corporation, business trust, estate, trust, partnership or association, or any other entity.

(7)       Possession.  Possession may be either actual or constructive.

(a)       actual possession means exercising physical dominion.

(b)       constructive possession may be inferred if the defendant has intent and capacity to maintain control and dominion over the cocaine or substance containing cocaine or drug paraphernalia.

            (B)                   Possession of Synthetic Cocaine or Substance Containing Cocaine or “Bath Salts” Prohibited.

(1)       Violation.  No person shall possess any substance containing synthetic cocaine or a substance containing cocaine.

(2)       Penalty.  Any person who pleads guilty or is found guilty by a court of law shall be punished by a minimum fine of not less than Two Hundred Fifty Dollars ($250.00) and no more than Seven Hundred Fifty Dollars ($750.00).

 

(3)       Administrative Fee.  In addition, any person who violates any provision of this Section and is convicted, pleads guilty, receives court supervision or probation by a court of law shall be ordered to pay an administrative fee of One Hundred Dollars ($100.00) to be paid to the law enforcement agency for testing of the substance(s) collected.

(4)       Forfeiture.  Any items which may be seized or forfeited pursuant to 720 ILCS 550/12, may be forfeited in the same manner as described therein for a violation of this Section.

(5)       Exception.  Any person who manufactures, distributes, dispenses, or is in possession of any controlled substance or synthetic cocaine for research purposes shall be exempt from the provisions of this Section.

 

 

            27-14-2       SALE, POSSESSION OR DELIVERY OF SYNTHETIC CANNABIS PROHIBITED.

            (A)                   Definitions.  The following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:

(1)       Synthetic Cannabis includes the brand names K2 and Spice.  It is an herbal and chemical product which mimics the effects of Cannabis, including but not limited to synthetic cannabinoids, cannabicyclohexanol, JWH-018, JWH-073 and HU-210.

(2)       Deliver or Delivery.  Actual, constructive or attempted transfer of possession of synthetic cannabis, with or without consideration, whether or not there is an agency relationship.

(3)       Knowledge.  Knows, acts knowingly or with knowledge:

(a)       the nature or attendant circumstances of his/her conduct, described by the section defining the offense, when he/she is consciously aware that his/her conduct is of such nature or that such circumstances exist, knowledge of a material fact includes awareness of the substantial probability that such fact exists.

(b)       the result of his/her conduct, described by the section defining the offense, when he/she is consciously aware that such result is likely to be caused by his/her conduct.

(c)        knowledge may be inferred from the surrounding circumstances.

(4)       Manufacture.  The production, preparation, propagation, compounding, conversion or processing of synthetic cannabis, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, and includes any packaging or repackaging of synthetic cannabis or labeling of its container, except that this term does not include the preparation, compounding, packaging or labeling of synthetic cannabis as an incident to lawful research, teaching or chemical analysis and not for sale.

(5)       Person.  Any individual, corporation, business trust, estate, trust, partnership or association, or any other entity.

(6)       Possession.  Possession may be either actual or constructive.

(a)       actual possession means exercising physical dominion.

(b)       constructive possession may be inferred if the defendant has intent and capacity to maintain control and dominion over the cannabis or drug paraphernalia.

(7)       Produce or Production.  Planting, cultivating, tending or harvesting.

            (B)                   Possession of Synthetic Cannabis Prohibited.

(1)       Violation.  No person shall possess any substance containing synthetic cannabis.

 

(2)       Penalty.  Any person who pleads guilty or is found guilty by a court of law shall be punished by a minimum fine of not less than Two Hundred Fifty Dollars ($250.00) and no more than Seven Hundred Fifty Dollars ($750.00).

(3)       Administrative Fee.  In addition, any person who violates any provision of this Section and is convicted, pleads guilty, receives court supervision or probation by a court of law shall be ordered to pay an administrative fee of One Hundred Dollars ($100.00) to be paid to the law enforcement agency for testing of the substance(s) collected.

(4)       Forfeiture.  Any items which may be seized or forfeited pursuant to 720 ILCS 550/12, may be forfeited in the same manner as described therein for a violation of this Section.

(5)       Exception.  Any person who manufactures, distributes, dispenses, or is in possession of any controlled substance or synthetic cannabis for research purposes pursuant to 720 ILCS 550/11, as hereafter amended, shall be exempt from the provisions of this Section.

 

 


ARTICLE XV

 

REGULATION OF RESIDENCES OF REGISTERED SEX OFFENDERS

 

 

            27-15-1       DEFINITIONS.  The following definitions apply to this Section:

            (A)                   A “Child Sex Offender” includes any person required to register his or her residence address with any State, or with the federal government, as a result of his or her conviction as a sex offender, where the victim of that sex offense was under the age of eighteen (18) years at the time of the offense.  A “Child Sex Offender” includes, but is not limited to, any person required to register under the Illinois Sex Offender Registration Act, 730 ILCS 150/1 et seq., as now or as hereafter amended, where the victim was under the age of eighteen (18) years at the time of the offense.  A “Child Sex Offender” further includes, but is not limited to, any person who has been convicted of any of the following statutory offenses, or convicted of attempting to commit any of the following statutory offenses, as now or hereafter amended, involving a victim under the age of eighteen (18) years:

(1)       Sexual exploitation of a child (720 ILCS 5/11-9.1);

(2)       Predatory criminal sexual assault of a child (720 ILCS 5/12-14.1);

(3)       Indecent solicitation of a child (720 ILCS 5/11-6);

(4)       Public indecency committed on school property (720 ILCS 5/11-9);

(5)       Child luring (720 ILCS 5/10-5(b)(10));

(6)       Aiding and abetting child abduction (720 ILCS 5/10-7 or 720 ILCS 5/10-(b)(10));

(7)       Soliciting for a juvenile prostitute (720 ILCS 5/11-15.1);

(8)       Patronizing a juvenile prostitute (720 ILCS 5/11-18.1);

(9)       Exploitation of a child (720 ILCS 5/11-19.2);

(10)      Child pornography (720 ILCS 5/11-20.1);

(11)      Criminal sexual assault (720 ILCS 5/12-13);

(12)      Aggravated criminal sexual assault (720 ILCS 5/12-14);

(13)      Aggravated criminal sexual abuse (720 ILCS 5/12-16);

(14)      Kidnapping or aggravated kidnapping (720 ILCS 5/10-1 or 5/10-2);

(15)      Unlawful restraint or aggravated unlawful restraint (720 ILCS 5/10-3 or 5/10-3.1).

            (B)                   “School” means any real property used primarily for educational or child care purposes, including, but not limited to, elementary schools, middle schools, high schools, dance studios, licensed child day care facilities, and pre-schools.

            (C)                   “Loiter” shall mean standing or sitting idly, whether or not the person is in a vehicle or remaining in or around property that is from time to time frequented by persons under the age of eighteen (18) years.

            (D)                   “Park” includes any playground, walking track, athletic field, gymnasium, basketball court, baseball diamond, or other real estate owned or controlled by a school or unit of a local government, that is designated primarily for recreation.  The term “Park” shall also include any privately owned recreational area upon which the Village has been authorized by its owner to patrol and enforce the ordinances contained in this Code.  The term “Park” shall also include ancillary restrooms and vehicle parking lots designated for use primarily by park patrons or school students and their families.

 

 

            27-15-2       PROHIBITED ACTS.

            (A)                   It is unlawful for a child sex offender to reside within one thousand five hundred (1,500) feet of any of the following:

(1)       The real property comprising any school attended by persons under the age of eighteen (18) years; or

(2)       The real property comprising any park.

 

            (B)                   It is unlawful for any child sex offender to loiter on any public property, public right-of-way, or area designated for parking of motor vehicles, within one thousand five hundred (1,500) feet of any of the following, unless the person loitering is with a child under the age of eighteen (18) years and the person loitering is a parent, step-parent, aunt, uncle, cousin, sibling, or step-sibling of that child under the age of eighteen (18) years;

(1)       The real property comprising any school attended by persons under the age of eighteen (18) years; or

(2)       The real property comprising any park.

            (C)                   It is unlawful for any person, corporation, business, partnership, trust, manager, or other entity, to employ a sex offender within one thousand five hundred (1,500) feet of any festival or other event which is open to the public.

            (D)                   It is unlawful for any person, corporation, business, partnership, trust, manager, or other entity, to enter into a lease agreement, or to renew any lease agreement, letting residential real estate to a child sex offender, where the lot line of the residential property is within one thousand five hundred (1,500) feet of any of the following:

(1)       The real property comprising any school attended by persons under the age of eighteen (18) years; or

(2)       The real property comprising any park.

 

 

            27-15-3       PENALTY.  Any person found guilty of violating paragraphs (A) or (B) of Section 27-15-2 shall be subject to a fine between One Hundred Dollars ($100.00) and Seven Hundred Fifty Dollars ($750.00), with each day a violation continues constituting a separate offense.  Any person, corporation, business, partnership, trust, manager, or other entity guilty of violating paragraphs (C) or (D) of Section 27-15-2 shall be subject to a fine between One Hundred Dollars ($100.00) and Seven Hundred Fifty Dollars ($750.00), revocation of business license, or both.  Each day a violation continues shall constitute a separate offense.  Any person, corporation, business, partnership, trust, manager or other entity violating paragraphs (C) or (D) of Section 27-15-2 shall be presumed to have had knowledge of the employee’s or tenant’s status as a child sex offender, where the employee’s or tenant’s name, photo, or other identifying information appears on the Illinois State Police statewide sex offender database, as published on the internet on the Illinois State Police World Wide Web home page, per the Sex Offender and Child Murderer Community Notification Law, 730 ILCS 152/101 et seq., as now or hereafter amended.

 

 

            27-15-4       OTHER PROVISIONS.

            (A)                   In the event a court of competent jurisdiction should declare the terms of any portion of this Article invalid or unenforceable, the remainder of this Article shall remain in full force and effect.

            (B)                   All distances designated in this Article shall be measured from the lot line of the park property or school property and from the lot line of the subject residence.

            (C)                   Nothing in this Article prohibits a child sex offender from residing within one thousand five hundred (1,500) feet of any property, if that residence is owned or leased by the child sex offender before the effective date of this Article.  This Article is intended to apply to and prevent such new residential lease agreements, and renewals of expired residential leases, entered into after the effective date of this Article.